2017 (1) TMI 1354 - AT - Central Excise

CENVAT credit - Business Auxiliary Service - input service - Held that - the inclusive part of the definition of Rule 2 (l) ibid should only be considered as examples of the genre of input service that would be permissible. Thus, if sales promotion has been mentioned in inclusive part of the definition, so also it would include the services attendant to such sales promotion, for example, renting of regional sales office, procuring orders and so on. When the services disputed in this case viz. Business Auxiliary Service relating to sales commission are not specifically excluded by the exclusion portion of the definition and in any case they are services essential directly or in relation to manufacture or business activities, the same would definitely fall within the ambit of Rule 2 (l) ibid - eligible input services - credit allowed - appeal allowed - decided in favor of assessee.

Summary

Issues: Denial of cenvat credit on various input services availed by the appellant, specifically sales commission, during a certain period.

Analysis:
The appeal in question revolves around the denial of cenvat credit on input services such as vehicle insurance, housekeeping, rent-a-cab, and sales commission availed by the appellant. The original authority allowed credit on some input services but disallowed credits on others, including sales commission. The Department filed an appeal against the decision to allow cenvat credit on sales commission, arguing that it was not legal and proper. The Commissioner (Appeals) upheld the Department's appeal, leading to the current appeal before the Tribunal.

The appellant contended that the Business Auxiliary Service availed by them, specifically the sales commission paid to agents for sales promotion, qualifies as an eligible input service under Rule 2(l). The appellant argued that since the definition of input service includes "sales promotion," the service provided by the sales commission agents should be considered an eligible input service.

On the other hand, the Department reiterated the correctness of the original decision to disallow cenvat credit on sales commission. After hearing both sides and examining the records, the Tribunal delved into the definition of "input service" under Rule 2(l) of the Cenvat Credit Rules, 2004. The Tribunal highlighted that the definition consists of two important portions, with the latter portion listing specific services that are not eligible as input services, while the earlier portion is an inclusive definition.

The Tribunal emphasized that when dealing with an inclusive definition, the terms used should be considered exhaustive and not restrictive. Citing previous judgments, the Tribunal clarified that when the term "includes" is used in a definition, it does not intend to restrict the definition but rather extend its scope. Therefore, services mentioned in the inclusive part of the definition, such as sales promotion, should be interpreted broadly to include related services like sales commission.

Based on this interpretation, the Tribunal concluded that the disputed services, including the sales commission paid to agents, are not excluded by the definition and are essential directly or in relation to business activities. Therefore, the Tribunal held that all the services in question are eligible input services under Rule 2(l) of the Cenvat Credit Rules, allowing the appeal in favor of the appellant.